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(영문) 서울북부지방법원 2015.06.04 2015노272

점유이탈물횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment is made, although the defendant's mistake is recognized and his depth is divided, and living conditions are very difficult, and the victim B of the crime of embezzlement of stolen property of this case by paying the credit card amount unlawfully used by the defendant in full to the credit card company in full, and the victim B of the crime of embezzlement of stolen property of this case wants to be in favor of the defendant. However, considering the above circumstances of the defendant, the court below seems to have already sentenced to a fine of KRW 1 million reduced to a fine of KRW 3 million pursuant to the summary order in consideration of the defendant's above circumstances, and in addition, considering the motive and background leading up to each of the crimes of this case, the circumstance before and after the crime of this case, the defendant's age, character and behavior, environment, occupation, family relation, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.